SUBCHAPTER VII—MISCELLANEOUS RESEARCH PROVISIONS
§5921. Biotechnology risk assessment research
(a) Purpose
It is the purpose of this section—
(1) to authorize and support environmental assessment research to help identify and analyze environmental effects of biotechnology; and
(2) to authorize research to help regulators develop long-term policies concerning the introduction of such technology.
(b) Grant program
The Secretary of Agriculture shall establish a grant program within the National Institute of Food and Agriculture and the Agricultural Research Service to provide the necessary funding for environmental assessment research concerning the introduction of genetically engineered animals, plants, and microorganisms into the environment.
(c) Research priorities
The following types of research shall be given priority for funding:
(1) Research designed to identify and develop appropriate management practices to minimize physical and biological risks associated with genetically engineered animals, plants, and microorganisms.
(2) Research designed to develop methods to monitor the dispersal of genetically engineered animals, plants, and microorganisms.
(3) Research designed to further existing knowledge with respect to the characteristics, rates, and methods of gene transfer that may occur between genetically engineered animals, plants, and microorganisms and related wild and agricultural organisms.
(4) Environmental assessment research designed to provide analysis which compares the relative impacts of animals, plants, and microorganisms modified through genetic engineering to other types of production systems.
(5) Other areas of research designed to further the purposes of this section.
(d) Eligibility requirements
Grants under this section shall be—
(1) made on the basis of the quality of the proposed research project; and
(2) available to any public or private research or educational institution or organization.
(e) Consultation
In considering specific areas of research for funding under this section, the Secretary of Agriculture shall consult with the Administrator of the Animal and Plant Health Inspection Service and the National Agricultural Research, Extension, Education, and Economics Advisory Board.
(f) Program coordination
The Secretary of Agriculture shall coordinate research funded under this section with the Office of Research and Development of the Environmental Protection Agency in order to avoid duplication of research activities.
(g) Authorization of appropriations
(1) In general
There are authorized to be appropriated such sums as necessary to carry out this section.
(2) Withholdings from biotechnology outlays
The Secretary of Agriculture shall withhold from outlays of the Department of Agriculture for research on biotechnology, as defined and determined by the Secretary, at least 2 percent of such amount for the purpose of making grants under this section for research on biotechnology risk assessment.
(3) Application of funds
Funds made available under this subsection shall be applied, to the maximum extent practicable, to risk assessment research on all categories identified in subsection (c).
(
Editorial Notes
Codification
Amendments
2008—Subsec. (b).
2002—
1991—Subsec. (g)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Amendment by section 7511(c)(21) of
§5921a. Repealed. Pub. L. 110–234, title VII, §7411, May 22, 2008, 122 Stat. 1255 , and Pub. L. 110–246, §4(a), title VII, §7411, June 18, 2008, 122 Stat. 1664 , 2017
Section,
Editorial Notes
Codification
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal of this section and repeal of
§5922. Repealed. Pub. L. 107–171, title X, §10705(b), May 13, 2002, 116 Stat. 519
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal of section effective Oct. 1, 2002, see section 10705(c) of
§5923. Repealed. Pub. L. 113–79, title VII, §7207, Feb. 7, 2014, 128 Stat. 881
Section,
Editorial Notes
Prior Provisions
A prior section 5923,
§5924. Agricultural Genome to Phenome Initiative
(a) Goals
The goals of this section are—
(1) to expand knowledge concerning genomes and phenomes of crops and animals of importance to the agriculture sector of the United States;
(2) to understand how variable weather, environments, and production systems impact the growth and productivity of specific varieties of crops and species of animals in order to provide greater accuracy in predicting crop and animal performance under variable conditions;
(3) to support research that leverages plant and animal genomic information with phenotypic and environmental data through an interdisciplinary framework, leading to a novel understanding of plant and animal processes that affect growth, productivity, and the ability to predict performance, which will result in the deployment of superior varieties and species to producers and improved crop and animal management recommendations for farmers and ranchers;
(4) to catalyze and coordinate research that links genomics and predictive phenomics at different sites across the United States to achieve advances in crops and animals that generate societal benefits;
(5) to combine fields such as genetics, genomics, plant physiology, agronomy, climatology, and crop modeling with computation and informatics, statistics, and engineering;
(6) to combine fields such as genetics, genomics, animal physiology, meat science, animal nutrition, and veterinary science with computation and informatics, statistics, and engineering;
(7) to focus on crops and animals that will yield scientifically important results that will enhance the usefulness of many other crops and animals;
(8) to build on genomic research, such as the Plant Genome Research Project and the National Animal Genome Research Program, to understand gene function in production environments that is expected to have considerable returns for crops and animals of importance to the agriculture of the United States;
(9) to develop improved data analytics to enhance understanding of the biological function of genes;
(10) to allow resources developed under this section, including data, software, germplasm, and other biological materials, to be openly accessible to all persons, subject to any confidentiality requirements imposed by law; and
(11) to encourage international partnerships with each partner country responsible for financing its own research.
(b) Duties of Secretary
The Secretary of Agriculture (referred to in this section as the "Secretary") shall conduct a research initiative, to be known as the "Agricultural Genome to Phenome Initiative", for the purpose of—
(1) studying agriculturally significant crops and animals in production environments to achieve sustainable and secure agricultural production;
(2) ensuring that current gaps in existing knowledge of agricultural crop and animal genetics and phenomics are filled;
(3) identifying and developing a functional understanding of relevant genes from animals and agronomically relevant genes from crops that are of importance to the agriculture sector of the United States;
(4) ensuring future genetic improvement of crops and animals of importance to the agriculture sector of the United States;
(5) studying the relevance of diverse germplasm as a source of unique genes that may be of importance in the future;
(6) enhancing genetics to reduce the economic impact of pathogens on crops and animals of importance to the agriculture sector of the United States;
(7) disseminating findings to relevant audiences; and
(8) otherwise carrying out this section.
(c) Grants and cooperative agreements
(1) Authority
The Secretary, acting through the National Institute of Food and Agriculture, may make grants or enter into cooperative agreements with individuals and organizations in accordance with
(2) Competitive basis
A grant or cooperative agreement under this subsection shall be made or entered into on a competitive basis.
(3) Consortia
The Secretary shall encourage awards under this section to consortia of eligible entities.
(d) Administration
Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of
(e) Consultation with National Academy of Sciences
The Secretary may use funds made available under this section to consult with the National Academy of Sciences regarding the administration of the Agricultural Genome to Phenome Initiative.
(f) Matching funds requirement
(1) In general
Subject to paragraph (3), with respect to a grant or cooperative agreement under this section that provides a particular benefit to a specific agricultural commodity, the recipient of funds under the grant or cooperative agreement shall provide non-Federal matching funds (including funds from an agricultural commodity promotion, research, and information program) equal to not less than the amount provided under the grant or cooperative agreement.
(2) In-kind support
Non-Federal matching funds described in paragraph (1) may include in-kind support.
(3) Waiver
The Secretary may waive the matching funds requirement under paragraph (1) with respect to a research project if the Secretary determines that—
(A) the results of the project are of a particular benefit to a specific agricultural commodity, but those results are likely to be applicable to agricultural commodities generally; or
(B)(i) the project—
(I) involves a minor commodity; and
(II) deals with scientifically important research; and
(ii) the recipient is unable to satisfy the matching funds requirement.
(g) Authorization of appropriations
There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2019 through 2023.
(
Editorial Notes
Codification
Amendments
2018—
Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (e).
Subsec. (f).
Subsec. (g).
2014—Subsec. (c)(3).
Subsecs. (e), (f).
2008—Subsec. (d).
2002—Subsec. (b)(3).
Subsec. (b)(7), (8).
1998—
1996—Subsec. (g).
1995—Subsecs. (g), (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by section 7614(b)(2)(B) of
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Amendment by section 7406(d)(2) of
§5925. High-priority research and extension initiatives
(a) Competitive specialized research and extension grants authorized
(1) In general
The Secretary of Agriculture (referred to in this section as the "Secretary") may make competitive grants to support research and extension activities specified in subsections (d) through (g).
(2) Matching funds requirement
(A) In general
Subject to subparagraph (C), an entity receiving a grant under paragraph (1) shall provide non-Federal matching funds (including funds from an agricultural commodity promotion, research, and information program) equal to not less than the amount of the grant.
(B) In-kind support
Non-Federal matching funds described in subparagraph (A) may include in-kind support.
(C) Waiver
The Secretary may waive the matching funds requirement under subparagraph (A) with respect to a research project if the Secretary determines that—
(i) the results of the project are of a particular benefit to a specific agricultural commodity, but those results are likely to be applicable to agricultural commodities generally; or
(ii)(I) the project—
(aa) involves a minor commodity; and
(bb) deals with scientifically important research; and
(II) the recipient is unable to satisfy the matching funds requirement.
(3) Consultation
The Secretary shall make the grants in consultation with the National Agricultural Research, Extension, Education, and Economics Advisory Board.
(b) Administration
(1) In general
Except as otherwise provided in this section, paragraphs (4), (7), (8), and (11)(B) of subsection (b) of
(2) Use of task forces
To facilitate the making of research and extension grants under this section in the research and extension areas specified in subsections (d) through (g), the Secretary may appoint a task force for each such area to make recommendations to the Secretary. The Secretary may not incur costs in excess of $1,000 for any fiscal year in connection with each task force established under this paragraph.
(c) Partnerships encouraged
Following the completion of a peer review process for grant proposals received under this section, the Secretary shall provide a priority to those grant proposals, found in the peer review process to be scientifically meritorious, that involve the cooperation of multiple entities.
(d) High-priority research and extension areas
(1) Dairy financial risk management research and extension
Research and extension grants may be made under this section for the purpose of providing research, development, or education materials, information, and outreach programs regarding risk management strategies for dairy producers and for dairy cooperatives and other processors and marketers of milk.
(2) Potato research and extension
Research and extension grants may be made under this section for the purpose of developing and evaluating new strains of potatoes that are resistant to blight and other diseases, as well as insects. Emphasis may be placed on developing potato varieties that lend themselves to innovative marketing approaches.
(3) Wood use research and extension
Research and extension grants may be made under this section for the purpose of developing new uses for wood from underused tree species as well as investigating methods of modifying wood and wood fibers to produce better building materials.
(4) Bighorn and domestic sheep disease mechanisms
Research and extension grants may be made under this section to conduct research relating to the health status of (including the presence of infectious diseases in) bighorn and domestic sheep under range conditions.
(5) Agricultural development in the American-Pacific region
Research and extension grants may be made under this section to support food and agricultural science at a consortium of land-grant institutions in the American-Pacific region.
(6) Tropical and subtropical agricultural research
Research grants may be made under this section, in equal dollar amounts to the Caribbean and Pacific Basins, to support tropical and subtropical agricultural research, including pest and disease research, at the land-grant institutions in the Caribbean and Pacific regions.
(7) Women and minorities in stem fields
Research and extension grants may be made under this section to increase participation by women and underrepresented minorities from rural areas in the fields of science, technology, engineering, and mathematics, with priority given to eligible institutions that carry out continuing programs funded by the Secretary.
(8) Alfalfa seed and alfalfa forage systems research program
Research and extension grants may be made under this section for the purpose of studying improvements in alfalfa seed and alfalfa forage systems yields, biomass and persistence, pest pressures, the bioenergy potential of alfalfa seed and other alfalfa forage systems to reduce losses during harvest and storage.
(9) Coffee plant health initiative
Research and extension grants may be made under this section for the purposes of—
(A) developing and disseminating science-based tools and treatments to combat the coffee berry borer (Hypothenemus hampei); and
(B) establishing an areawide integrated pest management program in areas affected by, or areas at risk of, being affected by the coffee berry borer.
(10) Corn, soybean meal, cereal grains, and grain byproducts research and extension
Research and extension grants may be made under this section for the purpose of carrying out or enhancing research to improve the digestibility, nutritional value, and efficiency of the use of corn, soybean meal, cereal grains, and grain byproducts for the poultry and food animal production industries.
(11) Macadamia tree health initiative
Research and extension grants may be made under this section for the purposes of—
(A) developing and disseminating science-based tools and treatments to combat the macadamia felted coccid (Eriococcus ironsidei); and
(B) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, the macadamia felted coccid.
(12) National turfgrass research initiative
Research and extension grants may be made under this section for the purposes of—
(A) carrying out or enhancing research related to turfgrass and sod issues;
(B) enhancing production and uses of turfgrass for the general public;
(C) identifying new turfgrass varieties with superior drought, heat, cold, and pest tolerance to reduce water, fertilizer, and pesticide use;
(D) selecting genetically superior turfgrasses and developing improved technologies for managing commercial, residential, and recreational turfgrass areas;
(E) producing turfgrasses that—
(i) aid in mitigating soil erosion;
(ii) protect against pollutant runoff into waterways; or
(iii) provide other environmental benefits;
(F) investigating, preserving, and protecting native plant species, including grasses not currently utilized in turfgrass systems;
(G) creating systems for more economical and viable turfgrass seed and sod production throughout the United States; and
(H) investigating the turfgrass phytobiome and developing biologic products to enhance soil, enrich plants, and mitigate pests.
(13) Fertilizer management initiative
(A) In general
Research and extension grants may be made under this section for the purpose of carrying out research to improve fertilizer use efficiency in crops—
(i) to maximize crop yield; and
(ii) to minimize nutrient losses to surface and groundwater and the atmosphere.
(B) Priority
In awarding grants under subparagraph (A), the Secretary shall give priority to research examining the impact of the source, rate, timing, and placement of plant nutrients.
(14) Cattle fever tick program
Research and extension grants may be made under this section to study cattle fever ticks—
(A) to facilitate the understanding of the role of wildlife in the persistence and spread of cattle fever ticks;
(B) to develop advanced methods for eradication of cattle fever ticks, including—
(i) alternative treatment methods for cattle and other susceptible species;
(ii) field treatment for premises, including corral pens and pasture loafing areas;
(iii) methods for treatment and control on infested wildlife;
(iv) biological control agents; and
(v) new and improved vaccines;
(C) to evaluate rangeland vegetation that impacts the survival of cattle fever ticks;
(D) to improve management of diseases relating to cattle fever ticks that are associated with wildlife, livestock, and human health;
(E) to improve diagnostic detection of tick-infested or infected animals and pastures; and
(F) to conduct outreach to impacted ranchers, hunters, and landowners to integrate tactics and document sustainability of best practices.
(15) Laying hen and turkey research program
Research grants may be made under this section for the purpose of improving the efficiency and sustainability of laying hen and turkey production through integrated, collaborative research and technology transfer. Emphasis may be placed on laying hen and turkey disease prevention, antimicrobial resistance, nutrition, gut health, and alternative housing systems under extreme seasonal weather conditions.
(16) Chronic wasting disease
Research and extension grants may be made under this section for the purposes of supporting research projects at land-grant colleges and universities (as defined in
(17) Algae agriculture research program
Research and extension grants may be made under this section for the development and testing of algae and algae systems (including micro- and macro-algae systems).
(18) Nutrient management
Research and extension grants may be made under this section for the purposes of examining nutrient management based on the source, rate, timing, and placement of crop nutrients.
(19) Dryland farming agricultural systems
Research and extension grants may be made under this section for the purposes of carrying out or enhancing research on the utilization of big data for more precise management of dryland farming agricultural systems.
(20) Hop plant health initiative
Research and extension grants may be made under this section for the purposes of developing and disseminating science-based tools and treatments to combat diseases of hops caused by the plant pathogens Podosphaera macularis and Pseudoperonospora humuli.
(e) Pulse crop health initiative
(1) Definitions
In this subsection:
(A) Initiative
The term "Initiative" means the pulse crop health initiative established by paragraph (2).
(B) Pulse crop
The term "pulse crop" means dry beans, dry peas, lentils, and chickpeas.
(2) Establishment
The Secretary shall carry out a pulse crop health competitive research and extension initiative to address the critical needs of the pulse crop industry by developing and disseminating science-based tools and information, including—
(A) research conducted with respect to pulse crops in the areas of health and nutrition, such as—
(i) pulse crop diets and the ability of such diets to reduce obesity and associated chronic disease; and
(ii) the underlying mechanisms of the health benefits of pulse crop consumption;
(B) research related to the functionality of pulse crops, such as—
(i) improving the functional properties of pulse crops and pulse crop fractions; and
(ii) developing new and innovative technologies to improve pulse crops as an ingredient in food products;
(C) research conducted with respect to pulse crops for purposes of enhancing sustainability and global food security, such as—
(i) improving pulse crop productivity, nutrient density, and phytonutrient content using plant breeding, genetics, and genomics;
(ii) improving pest and disease management, including resistance to pests and diseases; and
(iii) improving nitrogen fixation and water use efficiency to reduce the carbon and energy footprint of agriculture;
(D) the optimization of systems used in producing pulse crops to reduce water usage; and
(E) education and technical assistance programs with respect to pulse crops, such as programs—
(i) providing technical expertise to help food companies include pulse crops in innovative and healthy food; and
(ii) establishing an educational program to encourage pulse crop consumption in the United States.
(3) Administration
Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of
(4) Priorities
In making competitive grants under this subsection, the Secretary shall provide a higher priority to projects that—
(A) are multistate, multiinstitutional, and multidisciplinary; and
(B) include explicit mechanisms to communicate results to the pulse crop industry and the public.
(5) Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2014 through 2023.
(f) Training coordination for food and agriculture protection
(1) In general
The Secretary shall make a competitive grant to, or enter into a contract or a cooperative agreement with, an eligible entity (described in paragraph (2)) for purposes of establishing an internationally integrated training system to enhance the protection of the food supply in the United States, to be known as the "Comprehensive Food Safety Training Network" (referred to in this subsection as the "Network").
(2) Eligibility
(A) In general
For purposes of this subsection, an eligible entity is a multiinstitutional consortium that includes—
(i) a nonprofit institution that provides food safety protection training; and
(ii) one or more training centers in institutions of higher education (as defined in
(B) Collective consideration
The Secretary may consider such consortium collectively and not on an institution-by-institution basis.
(3) Duties of eligible entity
As a condition of receiving a competitive grant or entering into a contract or a cooperative agreement with the Secretary under this subsection, the eligible entity, in cooperation with the Secretary, shall establish and maintain the Network, including by—
(A) providing basic, technical, management, and leadership training (including by developing curricula) to regulatory and public health officials, producers, processors, and other agribusinesses;
(B) serving as the hub for the administration of the Network;
(C) implementing a standardized national curriculum to ensure the consistent delivery of quality training throughout the United States;
(D) building and overseeing a nationally recognized instructor cadre to ensure the availability of highly qualified instructors;
(E) reviewing training proposed through the National Institute of Food and Agriculture and other relevant Federal agencies that report to the Secretary on the quality and content of proposed and existing courses;
(F) assisting Federal agencies in the implementation of food safety protection training requirements including requirements under the Federal Food, Drug, and Cosmetic Act (
(G) performing evaluation and outcome-based studies to provide to the Secretary information on the effectiveness and impact of training and metrics on jurisdictions and sectors within the food safety system.
(4) Membership
An eligible entity may alter the consortium membership to meet specific training expertise needs.
(5) Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2014 through 2023, to remain available until expended.
(g) Pollinator protection
(1) Research and extension
(A) Grants
Research and extension grants may be made under this section—
(i) to survey and collect data on bee colony production and health;
(ii) to investigate pollinator biology, immunology, ecology, genomics, and bioinformatics;
(iii) to conduct research on various factors that may be contributing to or associated with colony collapse disorder, and other serious threats to the health of honey bees and other pollinators, including—
(I) parasites and pathogens of pollinators; and
(II) the sublethal effects of insecticides, herbicides, and fungicides on honey bees and native and managed pollinators;
(iv) to develop mitigative and preventative measures to improve native and managed pollinator health; and
(v) to promote the health of honey bees and native pollinators through habitat conservation and best management practices.
(B) Authorization of appropriations
There is authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2008 through 2023.
(2) Department of Agriculture capacity and infrastructure
(A) In general
The Secretary shall, to the maximum extent practicable, increase the capacity and infrastructure of the Department—
(i) to address colony collapse disorder and other long-term threats to pollinator health, including the hiring of additional personnel; and
(ii) to conduct research on colony collapse disorder and other pollinator issues at the facilities of the Department.
(B) Authorization of appropriations
There is authorized to be appropriated to carry out this paragraph $7,250,000 for each of fiscal years 2008 through 2023.
(3) Honey bee surveillance
There is authorized to be appropriated to conduct a nationwide honey bee pest, pathogen, health, and population status surveillance program $2,750,000 for each of fiscal years 2008 through 2023.
(4) Enhanced coordination of honeybee and pollinator research
(A) In general
The Chief Scientist of the Department of Agriculture shall coordinate research, extension, education, and economic activities in the Department of Agriculture relating to native and managed pollinator health and habitat.
(B) Duties
In carrying out subparagraph (A), the Chief Scientist shall—
(i) assign an individual to serve in the Office of the Chief Scientist as a Honeybee and Pollinator Research Coordinator who shall be responsible for leading the efforts of the Chief Scientist in carrying out such subparagraph;
(ii) implement and coordinate pollinator health research efforts of the Department, as recommended by the Pollinator Health Task Force;
(iii) establish annual strategic priorities and goals for the Department for native and managed pollinator research;
(iv) communicate such priorities and goals to each agency or office of the Department of Agriculture, the managed pollinator industry, and relevant grant recipients under programs administered by the Secretary; and
(v) coordinate and identify all research on native and managed pollinator health needed and conducted by the Department of Agriculture and relevant grant recipients under programs administered by the Secretary to ensure consistency and reduce unintended duplication of effort.
(C) Research
In coordinating research activities under subparagraph (A), the Chief Scientist shall ensure that such research—
(i) identifies and addresses the multiple stressors on pollinator health, including pests and pathogens, reduced habitat, lack of nutritional resources, and exposure to pesticides;
(ii) evaluates stewardship and management practices of managed pollinators that would impact managed pollinator health;
(iii) documents the prevalence of major pests, such as varroa destructor (commonly referred to as the varroa mite), and diseases that are transported between States through practices involving managed pollinators;
(iv) evaluates the impact of overcrowding of colonies for pollination services and the impact of such overcrowding on pollinator health status and pollinator health recovery;
(v) evaluates and reports on the health differences of managed pollinators in—
(I) crops not requiring contract pollination;
(II) crops requiring contract pollination; and
(III) native habitat;
(vi) evaluates the impact of horticultural and agricultural pest management practices on native and managed pollinator colonies in diverse agroecosystems;
(vii) documents pesticide residues that are—
(I) found in native and managed pollinator colonies; and
(II) associated with typical localized commercial crop pest management practices;
(viii) with respect to native and managed pollinator colonies visiting crops for crop pollination or honey production purposes, documents—
(I) the strength and health of such colonies;
(II) the survival, growth, reproduction, and production of such colonies;
(III) pests, pathogens, and viruses that affect such colonies;
(IV) environmental conditions of such colonies;
(V) beekeeper practices; and
(VI) any other relevant information, as determined by the Chief Scientist;
(ix) documents, with respect to healthy populations of managed pollinators, best management practices and other practices for managed pollinators and crop managers;
(x) evaluates the effectiveness of—
(I) conservation practices that target the specific needs of native and managed pollinator habitats;
(II) incentives that allow for the expansion of native and managed pollinator forage acreage; and
(III) managed pollinator breeding practices and efforts to, with respect to managed pollinators, avoid creating a genetic bottleneck and improve genetic diversity;
(xi) in the case of commercially managed pollinator colonies, continues to gather data—
(I) on an annual basis with respect to losses of such colonies, splits of such colonies, and the total number of pollinator colonies;
(II) on rising input costs; and
(III) overall economic value to the food economy; and
(xii) addresses any other issue relating to native and managed pollinators, as determined by the Chief Scientist, in consultation with scientific experts.
(D) Publication
The Chief Scientist, to the maximum extent practicable, shall—
(i) make publicly available the results of the research described in subparagraph (C); and
(ii) in the case of the research described in subparagraph (C)(vi), publish any data or reports that were produced by the Department of Agriculture but not made publicly available during the period beginning on January 1, 2008, and ending on December 20, 2018.
(5) Consultation
The Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall publish guidance on enhancing pollinator health and the long-term viability of populations of pollinators, including recommendations related to—
(A) allowing for managed honey bees to forage on National Forest System lands where compatible with other natural resource management priorities; and
(B) planting and maintaining managed honey bee and native pollinator foraging on National Forest System lands where compatible with other natural resource management priorities.
(6) Annual report on response to honey bee colony collapse disorder
The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report—
(A) describing the progress made by the Department of Agriculture in—
(i) investigating the cause or causes of honey bee colony collapse and honey bee health disorders;
(ii) finding appropriate strategies, including best management practices 1 to reduce colony loss; and
(iii) addressing the decline of managed honey bees and native pollinators;
(B) assessing Federal efforts to mitigate pollinator losses and threats to the United States commercial beekeeping industry; and
(C) providing recommendations to Congress regarding how to better coordinate Federal agency efforts to address the decline of managed honey bees and native pollinators.
(h) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 1999 through 2023.
(
Editorial Notes
References in Text
The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (f)(3)(F), is act June 25, 1938, ch. 675,
The Agricultural Act of 2014, referred to in subsec. (f)(3)(F), is
Codification
Amendments
2018—Subsec. (a).
Subsec. (d)(8).
Subsec. (d)(11) to (20).
Subsec. (e)(5).
Subsec. (f)(5).
Subsec. (g)(1)(B), (2)(B), (3).
Subsec. (g)(4) to (6).
Subsec. (h).
2014—Subsec. (a).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (g)(1)(B), (2)(B).
Subsec. (g)(3).
Subsec. (g)(4).
Subsec. (g)(5).
Subsec. (g)(5)(A)(i).
Subsec. (g)(5)(A)(ii).
Subsec. (g)(5)(A)(iii).
Subsec. (g)(5)(B), (C).
Subsec. (h).
Subsec. (i).
Subsec. (j).
2008—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (d).
Subsec. (e).
Subsec. (e)(3).
Subsecs. (h) to (j).
2004—Subsec. (e)(45).
2002—Subsec. (e)(25) to (44).
Subsec. (h).
1998—
1996—Subsec. (a).
Subsecs. (d)(4), (e)(4).
Subsec. (f).
"(1)
"(A) to detect agricultural pesticide residues on agricultural commodities for human consumption; and
"(B) to diagnose animal and plant diseases.
"(2)
Subsec. (g).
"(1) with a high concentration of small farm operations; and
"(2) that experience difficulty in delivering products to market due to geographic isolation."
Subsec. (h).
Subsec. (i).
Subsec. (j).
"(1) conduct fundamental and applied research related to the development of new commercial products derived from natural plant materials for industrial, medical, and agricultural applications; and
"(2) participate with colleges and universities, other Federal agencies, and private sector entities in conducting such research."
Subsec. (k).
1991—Subsec. (c).
Subsec. (i).
Subsec. (k)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by section 7614(b)(2)(C) of
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Methyl Bromide Alternatives
"(a)
"(b)
Executive Documents
Creating a Federal Strategy To Promote the Health of Honey Bees and Other Pollinators
Memorandum of President of the United States, June 20, 2014, 79 F.R. 35903, provided:
Memorandum for Heads of Executive Departments and Agencies
Pollinators contribute substantially to the economy of the United States and are vital to keeping fruits, nuts, and vegetables in our diets. Honey bee pollination alone adds more than $15 billion in value to agricultural crops each year in the United States. Over the past few decades, there has been a significant loss of pollinators, including honey bees, native bees, birds, bats, and butterflies, from the environment. The problem is serious and requires immediate attention to ensure the sustainability of our food production systems, avoid additional economic impact on the agricultural sector, and protect the health of the environment.
Pollinator losses have been severe. The number of migrating Monarch butterflies sank to the lowest recorded population level in 2013–14, and there is an imminent risk of failed migration. The continued loss of commercial honey bee colonies poses a threat to the economic stability of commercial beekeeping and pollination operations in the United States, which could have profound implications for agriculture and food. Severe yearly declines create concern that bee colony losses could reach a point from which the commercial pollination industry would not be able to adequately recover. The loss of native bees, which also play a key role in pollination of crops, is much less studied, but many native bee species are believed to be in decline. Scientists believe that bee losses are likely caused by a combination of stressors, including poor bee nutrition, loss of forage lands, parasites, pathogens, lack of genetic diversity, and exposure to pesticides.
Given the breadth, severity, and persistence of pollinator losses, it is critical to expand Federal efforts and take new steps to reverse pollinator losses and help restore populations to healthy levels. These steps should include the development of new public-private partnerships and increased citizen engagement. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
(a) the Department of State;
(b) the Department of Defense;
(c) the Department of the Interior;
(d) the Department of Housing and Urban Development;
(e) the Department of Transportation;
(f) the Department of Energy;
(g) the Department of Education;
(h) the Council on Environmental Quality;
(i) the Domestic Policy Council;
(j) the General Services Administration;
(k) the National Science Foundation;
(l) the National Security Council Staff;
(m) the Office of Management and Budget;
(n) the Office of Science and Technology Policy; and
(o) such executive departments, agencies, and offices as the Co-Chairs may designate.
(a) Pollinator Research Action Plan. The Strategy shall include an Action Plan (Plan) to focus Federal efforts on understanding, preventing, and recovering from pollinator losses. The Plan shall be informed by research on relevant topics and include:
(i) studies of the health of managed honey bees and native bees, including longitudinal studies, to determine the relative contributions of, and mitigation strategies for, different stressors leading to species declines and colony collapse disorder, including exposure to pesticides, poor nutrition, parasites and other pests, toxins, loss of habitat and reduced natural forage, pathogens, and unsustainable management practices;
(ii) plans for expanded collection and sharing of data related to pollinator losses, technologies for continuous monitoring of honey bee hive health, and use of public-private partnerships, as appropriate, to provide information on the status and trends of managed hive losses;
(iii) assessments of the status of native pollinators, including the Monarch butterfly and bees, and modeling of native pollinator populations and habitats;
(iv) strategies for developing affordable seed mixes, including native pollinator-friendly plants, for maintenance of honey bees and other pollinators, and guidelines for and evaluations of the effectiveness of using pollinator-friendly seed mixes for restoration and reclamation projects;
(v) identification of existing and new methods and best practices to reduce pollinator exposure to pesticides, and new cost-effective ways to control bee pests and diseases; and
(vi) strategies for targeting resources toward areas of high risk and restoration potential and prioritizing plans for restoration of pollinator habitat, based on those areas that will yield the greatest expected net benefits.
(b) Public Education Plan. The Strategy shall include plans for expanding and coordinating public education programs outlining steps individuals and businesses can take to help address the loss of pollinators. It shall also include recommendations for a coordinated public education campaign aimed at individuals, corporations, small businesses, schools, libraries, and museums to significantly increase public awareness of the importance of pollinators and the steps that can be taken to protect them.
(c) Public-Private Partnerships. The Strategy shall include recommendations for developing public-private partnerships to build on Federal efforts to encourage the protection of pollinators and increase the quality and amount of habitat and forage for pollinators. In developing this part of the Strategy, the Task Force shall consult with external stakeholders, including State, tribal, and local governments, farmers, corporations, and nongovernmental organizations.
(d) Task Force member agencies shall report regularly to the Task Force on their efforts to implement section 3 of this memorandum.
(a) Task Force member agencies shall develop and provide to the Task Force plans to enhance pollinator habitat, and subsequently implement, as appropriate, such plans on their managed lands and facilities, consistent with their missions and public safety. These plans may include: facility landscaping, including easements; land management; policies with respect to road and other rights-of-way; educational gardens; use of integrated vegetation and pest management; increased native vegetation; and application of pollinator-friendly best management practices and seed mixes. Task Force member agencies shall also review any new or renewing land management contracts and grants for the opportunity to include requirements for enhancing pollinator habitat.
(b) Task Force member agencies shall evaluate permit and management practices on power line, pipeline, utility, and other rights-of-way and easements, and, consistent with applicable law, make any necessary and appropriate changes to enhance pollinator habitat on Federal lands through the use of integrated vegetation and pest management and pollinator-friendly best management practices, and by supplementing existing agreements and memoranda of understanding with rights-of-way holders, where appropriate, to establish and improve pollinator habitat.
(c) Task Force member agencies shall incorporate pollinator health as a component of all future restoration and reclamation projects, as appropriate, including all annual restoration plans.
(d) The Council on Environmental Quality and the General Services Administration shall, within 90 days of the date of this memorandum, revise their respective guidance documents for designed landscapes and public buildings to incorporate, as appropriate, pollinator-friendly practices into site landscape performance requirements to create and maintain high quality habitats for pollinators. Future landscaping projects at all Federal facilities shall, to the maximum extent appropriate, use plants beneficial to pollinators.
(e) The Departments of Agriculture and the Interior shall, within 90 days of the date of this memorandum, develop best management practices for executive departments and agencies to enhance pollinator habitat on Federal lands.
(f) The Departments of Agriculture and the Interior shall establish a reserve of native seed mixes, including pollinator-friendly plants, for use on post-fire rehabilitation projects and other restoration activities.
(g) The Department of Agriculture shall, as appropriate and consistent with applicable law, substantially increase both the acreage and forage value of pollinator habitat in the Department's conservation programs, including the Conservation Reserve Program, and provide technical assistance, through collaboration with the land-grant university-based cooperative extension services, to executive departments and agencies, State, local, and tribal governments, and other entities and individuals, including farmers and ranchers, in planting the most suitable pollinator-friendly habitats.
(h) The Department of the Interior shall assist States and State wildlife organizations, as appropriate, in identifying and implementing projects to conserve pollinators at risk of endangerment and further pollinator conservation through the revision and implementation of individual State Wildlife Action Plans. The Department of the Interior shall, upon request, provide technical support for these efforts, and keep the Task Force apprised of such collaborations.
(i) The Department of Transportation shall evaluate its current guidance for grantees and informational resources to identify opportunities to increase pollinator habitat along roadways and implement improvements, as appropriate. The Department of Transportation shall work with State Departments of Transportation and transportation associations to promote pollinator-friendly practices and corridors. The Department of Transportation shall evaluate opportunities to make railways, pipelines, and transportation facilities that are privately owned and operated aware of the need to increase pollinator habitat.
(j) The Department of Defense shall, consistent with law and the availability of appropriations, support habitat restoration projects for pollinators, and shall direct military service installations to use, when possible, pollinator-friendly native landscaping and minimize use of pesticides harmful to pollinators through integrated vegetation and pest management practices.
(k) The Army Corps of Engineers shall incorporate conservation practices for pollinator habitat improvement on the 12 million acres of lands and waters at resource development projects across the country, as appropriate.
(l) The Environmental Protection Agency shall assess the effect of pesticides, including neonicotinoids, on bee and other pollinator health and take action, as appropriate, to protect pollinators; engage State and tribal environmental, agricultural, and wildlife agencies in the development of State and tribal pollinator protection plans; encourage the incorporation of pollinator protection and habitat planting activities into green infrastructure and Superfund projects; and expedite review of registration applications for new products targeting pests harmful to pollinators.
(m) Executive departments and agencies shall, as appropriate, take immediate measures to support pollinators during the 2014 growing season and thereafter. These measures may include planting pollinator-friendly vegetation and increasing flower diversity in plantings, limiting mowing practices, and avoiding the use of pesticides in sensitive pollinator habitats through integrated vegetation and pest management practices.
(b) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to any agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) Nothing in this memorandum shall be construed to require the disclosure of confidential business information or trade secrets, classified information, law enforcement sensitive information, or other information that must be protected in the interest of national security or public safety.
(d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(e) The Secretary of Agriculture is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
1 So in original. Probably should be followed by a comma.
§5925a. Repealed. Pub. L. 113–79, title VII, §7210, Feb. 7, 2014, 128 Stat. 885
Section,
Statutory Notes and Related Subsidiaries
Study of Nutrient Banking
§5925b. Organic agriculture research and extension initiative
(a) Competitive specialized research and extension grants authorized
In consultation with the National Agricultural Research, Extension, Education, and Economics Advisory Board, using funds made available under subsection (e), the Secretary of Agriculture (referred to in this section as the "Secretary") may make competitive grants in each of fiscal years 2019 through 2023 to support research, education, and extension activities regarding organically grown and processed agricultural commodities for the purposes of—
(1) facilitating the development and improvement of organic agriculture production, breeding, and processing methods;
(2) evaluating the potential economic benefits of organic agricultural production and methods to producers, processors, and rural communities;
(3) exploring international trade opportunities for organically grown and processed agricultural commodities;
(4) determining desirable traits for organic commodities;
(5) identifying marketing and policy constraints on the expansion of organic agriculture;
(6) conducting advanced on-farm research and development that emphasizes observation of, experimentation with, and innovation for working organic farms, including research relating to production, marketing, food safety, socioeconomic conditions, and farm business management;
(7) examining optimal conservation, soil health, and environmental outcomes relating to organically produced agricultural products; and
(8) developing new and improved seed varieties that are particularly suited for organic agriculture.
(b) Grant types and process, prohibition on construction
Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of
(c) Matching requirement
(1) In general
Subject to paragraph (3), an entity receiving a grant under subsection (a) shall provide non-Federal matching funds (including funds from an agricultural commodity promotion, research, and information program) equal to not less than the amount of the grant.
(2) In-kind support
Non-Federal matching funds described in paragraph (1) may include in-kind support.
(3) Waiver
The Secretary may waive the matching funds requirement under paragraph (1) with respect to a research project if the Secretary determines that—
(A) the results of the project are of a particular benefit to a specific agricultural commodity, but those results are likely to be applicable to agricultural commodities generally; or
(B)(i) the project—
(I) involves a minor commodity; and
(II) deals with scientifically important research; and
(ii) the recipient is unable to satisfy the matching funds requirement.
(d) Partnerships encouraged
Following the completion of a peer review process for grant proposals received under this section, the Secretary may provide a priority to those grant proposals, found in the peer review process to be scientifically meritorious, that involve the cooperation of multiple entities.
(e) Funding
On October 1, 2003, and each October 1 thereafter through October 1, 2007, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer $3,000,000 to the Secretary of Agriculture for this section.
(f) Funding
(1) Mandatory funding
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section—
(A) $18,000,000 for fiscal year 2009;
(B) $20,000,000 for each of fiscal years 2010 through 2012;
(C) $20,000,000 for each of fiscal years 2014 through 2018; and 1
(D) $20,000,000 for each of fiscal years 2019 through 2020;
(E) $25,000,000 for fiscal year 2021;
(F) $30,000,000 for fiscal year 2022; and
(G) $50,000,000 for fiscal year 2023 and each fiscal year thereafter.
(2) Discretionary funding
In addition to amounts made available under paragraph (1), there is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2023.
(3) Fiscal year 2013
There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2013.
(
Editorial Notes
Codification
Amendments
2018—Subsec. (a).
Subsec. (a)(7).
Subsecs. (c) to (e).
Subsec. (e)(1)(D) to (G).
Subsec. (e)(2).
Subsec. (f).
2014—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(6).
Subsecs. (c), (d).
Subsec. (e).
Subsec. (e)(1).
Subsec. (e)(1)(C).
Subsec. (e)(2).
Subsec. (f).
2013—Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(3).
2008—Subsec. (a)(7), (8).
Subsec. (b).
Subsec. (f).
2002—Subsec. (a)(1).
Subsec. (a)(4) to (6).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by section 7614(b)(2)(D) of
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Amendment by section 7406(d)(3) of
Coordination of Projects and Activities
[
Report on Producers and Handlers of Organic Agricultural Products
1 So in original. The word "and" probably should not appear.
§5925c. Organic production and market data initiatives
(a) In general
The Secretary shall collect and report data on the production and marketing of organic agricultural products.
(b) Requirements
In carrying out subsection (a), the Secretary shall, at a minimum—
(1) collect and distribute comprehensive reporting of prices relating to organically produced agricultural products;
(2) conduct surveys and analysis and publish reports relating to organic production, handling, distribution, retail, and trend studies (including consumer purchasing patterns); and
(3) develop surveys and report statistical analysis on organically produced agricultural products.
(c) Report
Not later than 180 days after the date of enactment of this subsection and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that—
(1) describes the progress that has been made in implementing this section;
(2) describes how data collection agencies (such as the Agricultural Marketing Service and the National Agricultural Statistics Service) are coordinating with data user agencies (such as the Risk Management Agency) to ensure that data collected under this section can be used by data user agencies, including by the Risk Management Agency to offer price elections for all organic crops; and
(3) identifies any additional production and marketing data needs.
(d) Funding
(1) Mandatory funding
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended—
(A) $5,000,000 for each of the periods of fiscal years 2008 through 2012 and 2014 through 2018;
(B) $5,000,000 for the period of fiscal years 2019 through 2023; and
(C) $1,000,000 for fiscal year 2024.
(2) Discretionary funding
In addition to funds made available under paragraph (1), there are authorized to be appropriated to carry out this section not more than $5,000,000 for each of fiscal years 2008 through 2023, to remain available until expended.
(
Editorial Notes
References in Text
The date of enactment of this subsection, referred to in subsec. (c), is the date of enactment of
Codification
Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter.
Amendments
2023—Subsec. (d)(1)(C).
2018—Subsec. (d)(1).
Subsec. (d)(2), (3).
2014—Subsec. (c).
Subsec. (d)(2), (3).
2013—Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
2008—
Statutory Notes and Related Subsidiaries
Effective Date of 2023 Amendment
Amendment by
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Definitions
Secretary means the Secretary of Agriculture, see section 7401(1) of
§5925d. International organic research collaboration
The Secretary, acting through the Agricultural Research Service (including the National Agricultural Library) and the Economic Research Service, shall facilitate access by research and extension professionals, farmers, and other interested persons in the United States to, and the use by those persons of, organic research conducted outside the United States.
(
Editorial Notes
Codification
Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter.
Statutory Notes and Related Subsidiaries
Definitions
Secretary means the Secretary of Agriculture, see section 7401(1) of
§5925e. Repealed. Pub. L. 113–79, title VII, §7212(a), Feb. 7, 2014, 128 Stat. 886
Section,
§5925f. Farm business management
(a) In general
The Secretary may make competitive research and extension grants for the purpose of improving the farm management knowledge and skills of agricultural producers by maintaining and expanding a national, publicly available farm financial management database to support improved farm management.
(b) Selection criteria
In allocating funds made available to carry out this section, the Secretary may give priority to grants that—
(1) demonstrate an ability to work directly with agricultural producers;
(2) collaborate with farm management educational programs and associations;
(3) address the farm management needs of a variety of crops and regions of the United States; and
(4) contribute data to the national farm financial management database.
(c) Administration
Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) such sums as are necessary for fiscal year 2013; and
(2) $5,000,000 for each of fiscal years 2014 through 2023.
(
Editorial Notes
Codification
Amendments
2018—Subsec. (a).
"(1) improving the farm management knowledge and skills of agricultural producers; and
"(2) establishing and maintaining a national, publicly available farm financial management database to support improved farm management."
Subsec. (b)(2).
Subsec. (b)(4).
Subsec. (d)(2).
2014—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this section and repeal of
§5925g. Urban, indoor, and other emerging agricultural production research, education, and extension initiative
(a) Competitive research and extension grants authorized
In consultation with the Urban Agriculture and Innovative Production Advisory Committee established under
(1) assessing and developing strategies to remediate contaminated sites;
(2) determining and developing the best production management and integrated pest management practices;
(3) identifying and promoting the horticultural, social, and economic factors that contribute to successful urban, indoor, and other emerging agricultural production;
(4) analyzing the means by which new agricultural sites are determined, including an evaluation of soil quality, condition of a building, or local community needs;
(5) exploring new technologies that minimize energy, lighting systems, water, and other inputs for increased food production;
(6) examining building material efficiencies and structural upgrades for the purpose of optimizing growth of agricultural products;
(7) developing new crop varieties and agricultural products to connect to new markets; or
(8) examining the impacts of crop exposure to urban elements on environmental quality and food safety.
(b) Grant types and process
Subparagraphs (A) through (E) of paragraph (4), paragraph (7), and paragraph (11)(B) of subsection (b) of
(c) Priority
The Secretary may give priority to grant proposals that involve—
(1) the cooperation of multiple entities; or
(2) States or regions with a high concentration of or significant interest in urban farms, rooftop farms, and indoor production facilities.
(d) Funding
(1) Mandatory funding
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section—
(A) $10,000,000 for fiscal year 2019, to remain available until expended; and
(B) $2,000,000 for fiscal year 2024, to remain available until expended.
(2) Authorization of appropriations
In addition to amounts made available under paragraph (1), there is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.
(
Editorial Notes
Amendments
2023—Subsec. (d)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2023 Amendment
Amendment by
§5926. Centers of excellence
(a) Funding priorities
The Secretary shall prioritize centers of excellence established for purposes of carrying out research, extension, and education activities relating to the food and agricultural sciences (as defined in
(b) Composition
A center of excellence is composed of 1 or more of the eligible entities specified in subsection (b)(7) of
(c) Criteria for centers of excellence
(1) Required efforts
The criteria for recognition as a center of excellence shall include efforts—
(A) to ensure coordination and cost effectiveness by reducing unnecessarily duplicative efforts regarding research, teaching, and extension;
(B) to leverage available resources by using public-private partnerships among agricultural industry groups, institutions of higher education, and the Federal Government;
(C) to implement teaching initiatives to increase awareness and effectively disseminate solutions to target audiences through extension activities; and
(D) to increase the economic returns to rural communities by identifying, attracting, and directing funds to high-priority agricultural issues.
(2) Additional efforts
Where practicable, the criteria for recognition as a center of excellence shall include efforts to improve teaching capacity and infrastructure at colleges and universities (including land-grant colleges and universities, cooperating forestry schools, NLGCA Institutions (as those terms are defined in
(d) Centers of excellence at 1890s Institutions
(1) Recognition
The Secretary shall recognize not less than 3 centers of excellence, each led by an 1890 Institution (as defined in
(2) Areas of focus
(A) Student success and workforce development
A center of excellence established under paragraph (1) may engage in activities to ensure that students have the skills and education needed to work in agriculture and food industries, agriculture science, technology, engineering, mathematics, and related fields of study.
(B) Nutrition, health, wellness, and quality of life
A center of excellence established under paragraph (1) may carry out research, education, and extension programs that increase access to healthy food, improve nutrition, mitigate preventive disease, and develop strategies to assist limited resource individuals in accessing health and nutrition resources.
(C) Farming systems, rural prosperity, and economic sustainability
A center of excellence established under paragraph (1) may share best practices with farmers to improve agricultural production, processing, and marketing, reduce urban food deserts, examine new uses for traditional and nontraditional crops, animals, and natural resources, and continue activities carried out by the Center for Innovative and Sustainable Small Farms, Ranches, and Forest Lands.
(D) Global food security and defense
A center of excellence established under paragraph (1) may engage in international partnerships that strengthen agricultural development in developing countries, partner with international researchers regarding new and emerging animal and plant pests and diseases, engage in agricultural disaster recovery, and continue activities carried out by the Center for International Engagement.
(E) Natural resources, energy, and environment
A center of excellence established under paragraph (1) may focus on protecting and managing domestic natural resources for current and future production of food and agricultural products.
(F) Emerging technologies
A center of excellence established under paragraph (1) may focus on the development of emerging technologies to increase agricultural productivity, enhance small farm economic viability, and improve rural communities by developing genetic and sensor technologies for food and agriculture and providing technology training to farmers.
(3) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2019 through 2023.
(4) Report
Not later than 1 year after December 20, 2018, and every year thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing—
(A) the resources invested in the centers of excellence established under paragraph (1); and
(B) the work being done by those centers of excellence.
(
Editorial Notes
Prior Provisions
A prior section 5926,
Amendments
2018—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date
§5927. Repealed. Pub. L. 104–127, title VIII, §864, Apr. 4, 1996, 110 Stat. 1174
Section,
§5928. Repealed. Pub. L. 105–185, title III, §302(c), June 23, 1998, 112 Stat. 563
Section,
§5929. Repealed. Pub. L. 113–79, title VII, §7215, Feb. 7, 2014, 128 Stat. 887
Section,
§5930. Reservation extension agents
(a) Establishment
The Secretary of Agriculture, acting through the National Institute of Food and Agriculture, shall establish appropriate extension education programs on Indian reservations and tribal jurisdictions. In establishing these extension programs, the Secretary shall consult with the Bureau of Indian Affairs, the Intertribal Agriculture Council, and the Southwest Indian Agriculture Association, and shall make such interagency cooperative agreements or memoranda of understanding as may be necessary. The programs to be developed and delivered on reservations and within tribal jurisdictions shall be determined with the advice and counsel of reservation or tribal program advisory committees.
(b) Administration and management
Extension agents shall be employees of, and administratively responsible to, the Cooperative Extension Service of the State within which the reservation or tribal jurisdiction is located, and employment and personnel management responsibilities shall be vested with the State Cooperative Extension Service. In cases where a reservation or tribal jurisdiction is located in two or more States, the Secretary of Agriculture shall make the determination of administrative responsibility, including possible divisions along State boundaries.
(c) Advisory committees
At the request of a State Extension Director, and with the assistance of the tribal authorities, the Secretary of Agriculture may form an advisory committee to give overall policy and program advice to that State Extension Director with regard to programs conducted on reservations or within tribal jurisdictions. Program advisory committees may be formed to assist extension staff in development and conduct of program activities.
(d) Staffing
Insofar as possible, agent and specialist staff shall include individuals representative of the tribal grouping being served. Programs shall emphasize training and employment of local people in positions such as program aides, master gardeners, and volunteers. Staffing at a particular location shall be dependent on the needs and priorities of that location, as identified by the advisory committees and the State Extension Director, and the Director may make use of existing personnel and facilities as appropriate.
(e) Placing of agents
The number of offices and their placement shall be jointly determined by the State Extension Directors and tribal authorities of the respective States by taking into consideration the agricultural acreage within the boundaries of an Indian reservation or tribal jurisdiction, the soil classifications of such acreage, and the population of such reservation or tribal jurisdiction.
(f) Reduced regulatory burden
On a determination by the Secretary of Agriculture that a program carried out under this section has been satisfactorily administered for not less than 2 years, the Secretary shall implement a reduced reapplication process for the continued operation of the program in order to reduce regulatory burdens on participating university and tribal entities.
(g) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
(
Editorial Notes
Codification
Amendments
2008—Subsec. (a).
1996—Subsecs. (f), (g).
1991—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Amendment by section 7511(c)(23) of
Indian Subsistence Farming Demonstration Grant Program
§§5931, 5932. Repealed. Pub. L. 104–127, title VIII, §§865, 866, Apr. 4, 1996, 110 Stat. 1174
Section 5931,
Section 5932,
§5933. Assistive technology program for farmers with disabilities
(a) Special demonstration grants
(1) In general
The Secretary of Agriculture, in consultation with other appropriate Federal agencies, shall make demonstration grants to support cooperative programs between State Cooperative Extension Service agencies and private nonprofit disability organizations to provide on-the-farm agricultural education and assistance directed at accommodating disability in farm operations for individuals with disabilities who are engaged in farming and farm-related occupations and their families.
(2) Eligible services
Grants awarded under paragraph (1) may be used to support programs serving individuals with disabilities, and their families, who are engaged in farming and farm-related occupations.
(3) Eligible programs
Grants awarded under paragraph (1) may be used to initiate, expand, or sustain programs that—
(A) provide direct education and assistance to accommodate disability in farming to individuals with disabilities who engage in farming and farm-related occupations;
(B) provide on-the-farm technical advice concerning the design, fabrication, and use of agricultural and related equipment, machinery, and tools, and assist in the modification of farm worksites, operations, and living arrangements to accommodate individuals with disabilities who engage in farming, farm living and farm-related tasks;
(C) involve community and health care professionals, including Extension Service agents and others, in the early identification of farm and rural families that are in need of services related to the disability of an individual;
(D) provide specialized education programs to enhance the professional competencies of rural agricultural professionals, rehabilitation and health care providers, vocational counselors, and other providers of service to individuals with disabilities, and their families, who engage in farming or farm-related occupations; and
(E) mobilize rural volunteer resources, including peer counseling among farmers with disabilities and rural ingenuity networks promoting cost effective methods or accommodating disabilities in farming and farm-related activities.
(4) Extension Service agencies
Grants shall be awarded under this subsection directly to State Extension Service agencies to enable them to enter into contracts, on a multiyear basis, with private nonprofit community-based direct service organizations to initiate, expand, or sustain cooperative programs described under paragraphs (2) and (3).
(5) Minimum amount
A grant awarded under this subsection may not be less than $150,000.
(6) Consideration for grants for new programs
For each fiscal year that amounts are made available for grants under this subsection, the Secretary may make grants in a manner that ensures that eligible entities who apply for grants, but have not previously received a grant under this subsection, are given full consideration.
(7) Clarification of application of provisions to veterans with disabilities
This subsection shall apply with respect to veterans with disabilities, and their families, who—
(A) are engaged in farming or farm-related occupations; or
(B) are pursuing new farming opportunities.
(b) National grant for technical assistance, training, and dissemination
The Secretary of Agriculture shall award a competitive grant to a national private nonprofit disability organization to enable such organization to provide technical assistance, training, information dissemination and other activities to support community-based direct service programs of on-site rural rehabilitation and assistive technology for individuals (including veterans) with disabilities, and their families, who are engaged in farming or farm-related occupations or, in the case of veterans with disabilities, who are pursuing new farming opportunities.
(c) Authorization of appropriations
(1) In general
Subject to paragraph (2), there are authorized to be appropriated to carry out this section—
(A) $6,000,000 for each of fiscal years 1999 through 2013; and
(B) $5,000,000 for each of fiscal years 2014 through 2023.
(2) National grant
Not more than 15 percent of the amounts made available under paragraph (1) for a fiscal year shall be used to carry out subsection (b).
(
Editorial Notes
Codification
Amendments
2018—Subsec. (a)(7).
Subsec. (b).
Subsec. (c)(1)(B).
2014—Subsec. (c)(1).
2008—Subsec. (c)(1).
2002—Subsec. (a)(6).
Subsec. (c)(1).
1998—Subsec. (a)(6).
"(A) not less than $3,000,000 for each of the fiscal years 1991 and 1992; and
"(B) not less than $5,000,000 for each of the fiscal years 1993 through 1997."
Subsec. (b).
Subsec. (c).
1996—Subsecs. (a)(6)(B), (b)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§5934. Repealed. Pub. L. 110–234, title VII, §7211, May 22, 2008, 122 Stat. 1242 , and Pub. L. 110–246, §4(a), title VII, §7211, June 18, 2008, 122 Stat. 1664 , 2003
Section,
Editorial Notes
Codification
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal of this section and repeal of
§5935. Repealed. Pub. L. 113–79, title VII, §7407, Feb. 7, 2014, 128 Stat. 898
Section,
Statutory Notes and Related Subsidiaries
Remote Sensing for Agricultural and Resource Management
§5936. Farm and Ranch Stress Assistance Network
(a) In general
The Secretary, in coordination with the Secretary of Health and Human Services, shall make competitive grants to eligible entities described in subsection (c) to establish a Farm and Ranch Stress Assistance Network that provides stress assistance programs to individuals who are engaged in farming, ranching, and other agriculture-related occupations.
(b) Eligible programs
Grants awarded under subsection (a) may be used—
(1) to initiate, expand, or sustain programs that provide professional agricultural behavioral health counseling and referral for other forms of assistance as necessary through—
(A) farm telephone helplines and websites;
(B) training, including training programs and workshops, for—
(i) advocates for individuals who are engaged in farming, ranching, and other occupations relating to agriculture; and
(ii) other individuals and entities that may assist individuals who—
(I) are engaged in farming, ranching, and other occupations relating to agriculture; and
(II) are in crisis;
(C) support groups; and
(D) outreach services and activities, including the dissemination of information and materials; or
(2) to enter into contracts, on a multiyear basis, with community-based, direct-service organizations to initiate, expand, or sustain programs described in paragraph (1) and subsection (a).
(c) Eligible recipients
The Secretary may award a grant under this section to—
(1) an Indian tribe (as defined in
(2) a State department of agriculture;
(3) a State cooperative extension service;
(4) a qualified nonprofit organization, as determined by the Secretary;
(5) an entity providing appropriate services, as determined by the Secretary, in 1 or more States; or
(6) a partnership carried out by 2 or more entities described in paragraphs (1) through (5).
(d) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.
(e) Report to Congress
(1) In general
Not later than 1 year after December 20, 2018, the Secretary, in coordination with the Secretary of Health and Human Services, shall submit to Congress and any other relevant Federal department or agency, and make publicly available, a report describing the state of behavioral and mental health of individuals who are engaged in farming, ranching, and other occupations relating to agriculture.
(2) Contents
The report under paragraph (1) shall include—
(A) an inventory and assessment of efforts to support the behavioral and mental health of individuals who are engaged in farming, ranching, and other occupations relating to agriculture by—
(i) the Federal Government, States, and units of local government;
(ii) communities comprised of those individuals;
(iii) health care providers;
(iv) State cooperative extension services; and
(v) other appropriate entities, as determined by the Secretary;
(B) a description of the challenges faced by individuals who are engaged in farming, ranching, and other occupations relating to agriculture that may impact the behavioral and mental health of farmers and ranchers;
(C) a description of how the Department of Agriculture can improve coordination and cooperation with Federal health departments and agencies, including the Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the Health Resources and Services Administration, the Centers for Disease Control and Prevention, and the National Institutes of Health, to best address the behavioral and mental health of individuals who are engaged in farming, ranching, and other occupations relating to agriculture;
(D) a long-term strategy for responding to the challenges described under subparagraph (B) and recommendations based on best practices for further action to be carried out by appropriate Federal departments or agencies to improve Federal Government response and seek to prevent suicide among individuals who are engaged in farming, ranching, and other occupations relating to agriculture; and
(E) an evaluation of the impact that behavioral and mental health challenges and outcomes (including suicide) among individuals who are engaged in farming, ranching, and other agriculture related occupations have on—
(i) the agricultural workforce;
(ii) agricultural production;
(iii) rural families and communities; and
(iv) succession planning.
(f) State defined
For purposes of this section, the term "State" has the meaning given such term in
(
Editorial Notes
Codification
Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter.
Amendments
2018—Subsec. (a).
Subsec. (b).
Subsec. (b)(1)(B).
Subsec. (b)(1)(C).
Subsec. (b)(1)(D).
Subsec. (b)(5).
Subsecs. (c) to (f).
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this section and repeal of
Farm and Ranch Mental Health
"(a)
"(1)
"(2)
"(3)
"(A)
"(B)
"(4)
"(b)
"(1)
"(2)
"(c)
"(1)
"(A) to assess the causes of mental stress in farmers and ranchers; and
"(B) to identify best practices for responding to that mental stress.
"(2)
"(3)
"(d)
Definition of "Secretary"
"Secretary" as meaning the Secretary of Agriculture, see
§5936a. Support for farm stress programs
(a) In general
The Secretary shall make grants to State departments of agriculture (or such equivalent department) to expand or sustain stress assistance programs for individuals who are engaged in farming, ranching, and other agriculture-related occupations, including—
(1) programs that meet the criteria specified in
(2) any State initiatives carried out as of December 27, 2020, that provide stress assistance for such individuals.
(b) Grant timing and amount
In making grants under subsection (a), not later than 60 days after December 27, 2020, and subject to subsection (c), the Secretary shall—
(1) make awards to States submitting State plans that meet the criteria specified in paragraph (1) of such subsection within the time period specified by the Secretary; and
(2) of the amounts made available under subsection (f), allocate among such States, an amount to be determined by the Secretary, which in no case may exceed $500,000 for each State.
(c) State plan
(1) In general
A State department of agriculture seeking a grant under subsection (a) shall submit to the Secretary a State plan to expand or sustain stress assistance programs described in that subsection that includes—
(A) a description of each activity and the estimated amount of funding to support each program and activity carried out through such a program;
(B) an estimated timeline for the operation of each such program and activity;
(C) the total amount of funding sought; and
(D) an assurance that the State department of agriculture will comply with the reporting requirement under subsection (e).
(2) Guidance
Not later than 20 days after December 27, 2020, the Secretary shall issue guidance for States with respect to the submission of a State plan under paragraph (1) and the allocation criteria under subsection (b).
(3) Reallocation
If, after the first grants are awarded pursuant to allocation under subsection (b), any funds made available under subsection (f) to carry out this subsection remain unobligated, the Secretary shall—
(A) inform States that submit plans as described in subsection (b), of such availability; and
(B) reallocate such funds among such States, as the Secretary determines to be appropriate and equitable.
(d) Collaboration
The Secretary may issue guidance to encourage State departments of agriculture to use funds provided under this section to support programs described in subsection (a) that are operated by—
(1) Indian tribes (as defined in
(2) State cooperative extension services; and
(3) nongovernmental organizations.
(e) Reporting
Not later than 180 days after the COVID–19 public health emergency ends, each State receiving additional grants under subsection (b) shall submit a report to the Secretary describing—
(1) the activities conducted using such funds;
(2) the amount of funds used to support each such activity; and
(3) the estimated number of individuals served by each such activity.
(f) Funding
Out of the funds of the Treasury not otherwise appropriated, there is appropriated to carry out this section $28,000,000, to remain available until expended.
(g) State defined
In this section, the term "State" means—
(1) a State;
(2) the District of Columbia;
(3) the Commonwealth of Puerto Rico; and
(4) any other territory or possession of the United States.
(
Editorial Notes
Codification
Section was enacted as part of the Consolidated Appropriations Act, 2021, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter.
Statutory Notes and Related Subsidiaries
Definitions
"(1) The term 'COVID–19' means the disease caused by SARS–CoV–2, or any viral strain mutating therefrom with pandemic potential.
"(2) The term 'COVID–19 public health emergency' means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (
"(3) The term 'Secretary' means the Secretary of Agriculture."
§5937. Natural products research program
(a) In general
The Secretary shall establish within the Department a natural products research program.
(b) Duties
In carrying out the program established under subsection (a), the Secretary shall coordinate research relating to natural products, including—
(1) research to improve human health and agricultural productivity through the discovery, development, and commercialization of products and agrichemicals from bioactive natural products, including products from plant, marine, and microbial sources;
(2) research to characterize the botanical sources, production, chemistry, and biological properties of plant-derived natural products; and
(3) other research priorities identified by the Secretary.
(c) Peer and merit review
The Secretary shall—
(1) determine the relevance and merit of research under this section through a system of peer review established by the Secretary pursuant to
(2) approve funding for research on the basis of merit, quality, and relevance to advancing the purposes of this section.
(d) Buildings and facilities
Funds made available under this section shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement and architect fees).
(e) Authorization of appropriations
There are authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2014 through 2023.
(
Editorial Notes
Codification
Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter.
Amendments
2018—Subsec. (e).
2014—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this section and repeal of
Definition of "Secretary"
"Secretary" as meaning the Secretary of Agriculture, see
§5938. Repealed. Pub. L. 113–79, title VII, §7518, Feb. 7, 2014, 128 Stat. 904
Section,
§5939. Foundation for Food and Agriculture Research
(a) Definitions
In this section:
(1) Board
The term "Board" means the Board of Directors described in subsection (e).
(2) Department
The term "Department" means the Department of Agriculture.
(3) Foundation
The term "Foundation" means the Foundation for Food and Agriculture Research established under subsection (b).
(4) Secretary
The term "Secretary" means the Secretary of Agriculture.
(b) Establishment
(1) In general
The Secretary shall establish a nonprofit corporation to be known as the "Foundation for Food and Agriculture Research".
(2) Status
The Foundation shall not be an agency or instrumentality of the United States Government.
(c) Purposes
The purposes of the Foundation shall be—
(1) to advance the research mission of the Department by supporting agricultural research activities focused on addressing key problems of national and international significance including—
(A) plant health, production, and plant products;
(B) animal health, production, and products;
(C) food safety, nutrition, and health;
(D) renewable energy, natural resources, and the environment;
(E) agricultural and food security;
(F) agriculture systems and technology; and
(G) agriculture economics and rural communities; and
(2) to foster collaboration with agricultural researchers from the Federal Government, State (as defined in
(d) Duties
(1) In general
The Foundation shall—
(A) award grants to, or enter into contracts, memoranda of understanding, or cooperative agreements with, scientists and entities, which may include agricultural research agencies in the Department, university consortia, public-private partnerships, institutions of higher education, nonprofit organizations, and industry, to efficiently and effectively advance the goals and priorities of the Foundation;
(B) in consultation with the Secretary—
(i) identify existing and proposed Federal intramural and extramural research and development programs relating to the purposes of the Foundation described in subsection (c); and
(ii) coordinate Foundation activities with those programs so as to minimize duplication of existing efforts and to avoid conflicts, specifically at the Department of Agriculture; and
(iii) document the consultation process and include a summary of the results in the annual report required in subsection (f)(3)(B) 1
(C) identify unmet and emerging agricultural research needs after reviewing the roadmap for agricultural research, education, and extension authorized by
(D) facilitate technology transfer and release of information and data gathered from the activities of the Foundation to the agricultural research community and agriculture stakeholders;
(E) promote and encourage the development of the next generation of agricultural research scientists; and
(F) carry out such other activities as the Board determines to be consistent with the purposes of the Foundation.
(2) Relationship to other activities
The activities described in paragraph (1) shall be supplemental to any other activities at the Department and shall not preempt any authority or responsibility of the Department under another provision of law.
(e) Board of Directors
(1) Establishment
The Foundation shall be governed by a Board of Directors.
(2) Composition
(A) In general
The Board shall be composed of appointed and ex-officio, nonvoting members.
(B) Ex-officio members
The ex-officio members of the Board shall be the following individuals or designees of such individuals:
(i) The Secretary.
(ii) The Under Secretary of Agriculture for Research, Education, and Economics.
(iii) The Administrator of the Agricultural Research Service.
(iv) The Director of the National Institute of Food and Agriculture.
(v) The Director of the National Science Foundation.
(C) Appointed members
(i) In general
The ex-officio members of the Board (as specified in subparagraph (B)) shall, by majority vote, appoint to the Board 15 individuals, of whom—
(I) 8 shall be selected from a list of candidates to be provided by the National Academy of Sciences; and
(II) 7 shall be selected from lists of candidates provided by industry.
(ii) Requirements
(I) Expertise
The ex-officio members shall ensure that a majority of the appointed members of the Board have actual experience in agriculture or agricultural research and, to the extent practicable, represent diverse sectors of agriculture.
(II) Limitation
No employee of the Federal Government may serve as an appointed member of the Board under this subparagraph.
(III) Not Federal employment
Appointment to the Board under this subparagraph shall not constitute Federal employment.
(iii) Authority
All appointed members of the Board shall be voting members.
(D) Chair
The Board shall, from among the members of the Board, designate an individual to serve as Chair of the Board.
(3) Initial meeting
Not later than 60 days after February 7, 2014, the Secretary shall convene a meeting of the ex-officio members of the Board—
(A) to incorporate the Foundation; and
(B) to appoint the members of the Board in accordance with paragraph (2)(C)(i).
(4) Duties
(A) In general
The Board shall—
(i) establish bylaws for the Foundation that, at a minimum, include—
(I) policies for the selection of future Board members, officers, employees, agents, and contractors of the Foundation;
(II) policies, including ethical standards, for—
(aa) the acceptance, solicitation, and disposition of donations and grants to the Foundation; and
(bb) the disposition of assets of the Foundation, including appropriate limits on the ability of donors to designate, by stipulation or restriction, the use or recipient of donated funds;
(III) policies that would subject all employees, fellows, trainees, and other agents of the Foundation (including members of the Board) to conflict of interest standards in the same manner as Federal employees are subject to the conflict of interest standards under
(IV) policies for writing, editing, printing, publishing, and vending of books and other materials;
(V) policies for the conduct of the general operations of the Foundation, including a cap on administrative expenses for recipients of a grant, contract, or cooperative agreement from the Foundation; and
(VI) specific duties for the Executive Director;
(ii) prioritize and provide overall direction for the activities of the Foundation;
(iii) evaluate the performance of the Executive Director;
(iv) actively solicit and accept funds, gifts, grants, devises, or bequests of real or personal property made to the Foundation, including from private entities; and
(v) carry out any other necessary activities regarding the Foundation.
(B) Establishment of bylaws
In establishing bylaws under subparagraph (A)(i), the Board shall ensure that the bylaws do not—
(i) reflect unfavorably on the ability of the Foundation to carry out the duties of the Foundation in a fair and objective manner; or
(ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program.
(5) Terms and vacancies
(A) Terms
(i) In general
The term of each member of the Board appointed under paragraph (2)(C) shall be 5 years, except that of the members initially appointed, 8 of the members shall each be appointed for a term of 3 years and 7 of the members shall each be appointed for a term of 2 years.
(ii) Partial terms
If a member of the Board does not serve the full term applicable under clause (i), the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual.
(iii) Transition
A member of the Board may continue to serve after the expiration of the term of the member until a successor is appointed.
(B) Vacancies
After the initial appointment of the members of the Board under paragraph (2)(C), any vacancy in the membership of the Board shall be filled as provided in the bylaws established under paragraph (4)(A)(i).
(6) Compensation
Members of the Board may not receive compensation for service on the Board but may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Board.
(7) Meetings and quorum
A majority of the members of the Board shall constitute a quorum for purposes of conducting the business of the Board.
(f) Administration
(1) Executive Director
(A) In general
The Board shall hire an Executive Director who shall carry out such duties and responsibilities as the Board may prescribe.
(B) Service
The Executive Director shall serve at the pleasure of the Board.
(2) Administrative powers
(A) In general
In carrying out this section, the Board, acting through the Executive Director, may—
(i) adopt, alter, and use a corporate seal, which shall be judicially noticed;
(ii) hire, promote, compensate, and discharge 1 or more officers, employees, and agents, as may be necessary, and define the duties of the officers, employees, and agents;
(iii) solicit and accept funds, gifts, grants, devises, or bequests of real or personal property made to the Foundation, including such support from private entities;
(iv) prescribe the manner in which—
(I) real or personal property of the Foundation is acquired, held, and transferred;
(II) general operations of the Foundation are to be conducted; and
(III) the privileges granted to the Board by law are exercised and enjoyed;
(v) with the consent of the applicable executive department or independent agency, use the information, services, and facilities of the department or agency in carrying out this section on a reimbursable basis;
(vi) enter into contracts with public and private organizations for the writing, editing, printing, and publishing of books and other material;
(vii) hold, administer, invest, and spend any funds, gifts, grant, devise, or bequest of real or personal property made to the Foundation;
(viii) enter into such contracts, leases, cooperative agreements, and other transactions as the Board considers appropriate to conduct the activities of the Foundation;
(ix) modify or consent to the modification of any contract or agreement to which the Foundation is a party or in which the Foundation has an interest;
(x) take such action as may be necessary to obtain and maintain patents for and to license inventions (as defined in
(xi) sue and be sued in the corporate name of the Foundation, and complain and defend in courts of competent jurisdiction;
(xii) appoint other groups of advisors as may be determined necessary to carry out the functions of the Foundation; and
(xiii) exercise such other incidental powers as are necessary to carry out the duties and functions of the Foundation in accordance with this section.
(B) Limitation
No appointed member of the Board or officer or employee of the Foundation or of any program established by the Foundation (other than ex-officio members of the Board) shall exercise administrative control over any Federal employee.
(3) Records
(A) Audits
The Foundation shall—
(i) provide for annual audits of the financial condition of the Foundation; and
(ii) make the audits, and all other records, documents, and other papers of the Foundation, available to the Secretary and the Comptroller General of the United States for examination or audit.
(B) Reports
(i) Annual report on Foundation
(I) In general
Not later than 5 months following the end of each fiscal year, the Foundation shall publish and post online a report for the preceding fiscal year that includes—
(aa) a description of Foundation activities, including accomplishments and how those activities align to the challenges identified in the strategic plan under clause (iv);
(bb) a comprehensive statement of the operations and financial condition of the Foundation; and
(cc) a description of available agricultural research programs and priorities for the upcoming fiscal year.
(II) Financial condition
Each report under subclause (I) shall include a description of all gifts, grants, devises, or bequests to the Foundation of real or personal property or money, which shall include—
(aa) the source of the gifts, grants, devises, or bequests; and
(bb) any restrictions on the purposes for which the gift, grant, devise, or bequest may be used.
(III) Availability
The Foundation shall—
(aa) make copies of each report submitted under subclause (I) available for public inspection; and
(bb) on request, provide a copy of the report to any individual.
(IV) Public meeting
The Board shall hold an annual public meeting to summarize the activities of the Foundation.
(ii) Grant reporting
Any recipient of a grant under subsection (d)(1)(A) shall provide the Foundation with a report at the conclusion of any research or studies conducted that describes the results of the research or studies, including any data generated.
(iii) Stakeholder notice
The Foundation shall publish an annual notice with a description of agricultural research priorities under this section for the upcoming fiscal year, including—
(I) a schedule for funding competitions;
(II) a discussion of how applications for funding will be evaluated; and
(III) how the Foundation will communicate information about funded awards to the public to ensure that grantees and partners understand the objectives of the Foundation.
(iv) Strategic plan
Not later than 1 year after December 20, 2018, the Foundation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a strategic plan describing a path for the Foundation to become self-sustaining, including—
(I) a forecast of major agricultural challenge opportunities identified by the scientific advisory councils of the Foundation and approved by the Board, including short- and long-term objectives;
(II) an overview of the efforts that the Foundation will take to be transparent in each of the processes of the Foundation, including—
(aa) processes relating to grant awards, including the selection, review, and notification processes;
(bb) communication of past, current, and future research priorities; and
(cc) plans to solicit and respond to public input on the opportunities identified in the strategic plan;
(III) a description of financial goals and benchmarks for the next 10 years, including a detailed plan for—
(aa) raising funds in amounts greater than the amounts required under subsection (g)(1)(B);
(bb) soliciting additional resources pursuant to subsections (e)(4)(A)(iv) and (f)(2)(A)(iii); and
(cc) managing and leveraging such resources pursuant to subsection (f)(2)(A)(vii); and
(IV) other related issues, as determined by the Board.
(4) Integrity
(A) In general
To ensure integrity in the operations of the Foundation, the Board shall develop and enforce procedures relating to standards of conduct, financial disclosure statements, conflicts of interest (including recusal and waiver rules), audits, and any other matters determined appropriate by the Board.
(B) Financial conflicts of interest
Any individual who is an officer, employee, or member of the Board is prohibited from any participation in deliberations by the Foundation of a matter that would directly or predictably affect any financial interest of—
(i) the individual;
(ii) a relative (as defined in
(iii) a business organization or other entity in which the individual has an interest, including an organization or other entity with which the individual is negotiating employment.
(5) Intellectual property
The Board shall adopt written standards to govern the ownership and licensing of any intellectual property rights derived from the collaborative efforts of the Foundation.
(6) Liability
The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligations of the Foundation.
(g) Funds
(1) Funding
(A) In general
(i) Establishment funding
On February 7, 2014, of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Foundation to carry out this section $200,000,000, to remain available until expended under the conditions described in subparagraph (B).
(ii) Enhanced funding
On the date on which the strategic plan described in subsection (f)(3)(B)(iv) is submitted, of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Foundation to carry out this section $185,000,000, to remain available until expended.
(iii) Additional funding
Not later than 30 days after November 17, 2023, of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Foundation to carry out this section $37,000,000, to remain available until expended.
(B) Conditions on expenditure
(i) In general
The Foundation may use the funds made available under subparagraph (A) to carry out the purposes, duties, and powers of the Foundation only to the extent that the Foundation secures an equal amount of matching funds from a non-Federal source, including an agricultural commodity promotion, research, and information program.
(ii) Effect
Nothing in this section requires the Foundation to require a matching contribution from an individual grantee as a condition of receiving a grant under this section.
(C) Prohibition on construction
None of the funds made available under subparagraph (A) may be used for construction.
(2) Separation of funds
The Executive Director shall ensure that any funds received under paragraph (1) are held in separate accounts from funds received from nongovernmental entities as described in subsection (f)(2)(A)(iii).
(
Editorial Notes
Codification
Section was enacted as part of the Agricultural Act of 2014, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter.
Amendments
2023—Subsec. (g)(1)(A)(iii).
2022—Subsec. (f)(4)(B)(ii).
2018—Subsec. (d)(1)(B)(ii).
Subsec. (d)(1)(B)(iii).
Subsec. (d)(1)(D).
Subsec. (e)(2)(C)(ii)(I).
Subsec. (e)(4)(A)(iv), (v).
Subsec. (f)(2)(A)(iii).
Subsec. (f)(3)(B)(i)(I).
Subsec. (f)(3)(B)(i)(I)(aa).
Subsec. (f)(3)(B)(i)(I)(cc).
Subsec. (f)(3)(B)(iii), (iv).
Subsec. (g)(1).
Subsec. (g)(1)(A).
Subsec. (g)(1)(B).
1 So in original. Probably should be followed by a period.
§5940. Repealed. Pub. L. 115–334, title VII, §7605(b), Dec. 20, 2018, 132 Stat. 4829 ; Pub. L. 116–159, div. A, §122, Oct. 1, 2020, 134 Stat. 714 ; Pub. L. 116–260, div. A, title VII, §782, Dec. 27, 2020, 134 Stat. 1230 .
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
§5941. Purchase of cultures for soil and fertilizer investigations
The Secretary of Agriculture may purchase from applicable appropriations cultures in the open market for use in connection with soil and fertilizer investigations.
(Sept. 21, 1944, ch. 412, title I, §104,
Editorial Notes
Codification
Section was formerly classified to
Section was enacted as part of the Department of Agriculture Organic Act of 1944, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter.
§5942. Wheat and feed grains research; regional and national research programs; utilization of services of Federal, State and private agencies; authorization of appropriations
In order to reduce fertilizer and herbicide usage in excess of production needs, to develop wheat and feed grain varieties more susceptible to complete fertilizer utilization, and to improve the resistance of wheat and feed grain plants to disease and to enhance their conservation and environmental qualities, the Secretary of Agriculture is authorized and directed to carry out regional and national research programs.
In carrying out such research, the Secretary shall utilize the technical and related services of the appropriate Federal, State, and private agencies.
There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, but not more than $1,000,000 in any fiscal year.
(
Editorial Notes
Codification
Section was formerly classified to
Section was enacted as part of the Agricultural Act of 1970, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter.
§5943. Rice research
(a) Regional and national research programs; rules; purposes
The Secretary of Agriculture may, under rules prescribed by such Secretary, carry out regional and national research programs with regard to rice for the following purposes:
(1) to reduce fertilizer and herbicide usage in excess of production needs;
(2) to develop varieties of rice more susceptible to complete fertilizer utilization;
(3) to improve the resistance of rice plants to disease and to enhance their conservation and environmental qualities;
(4) to increase the usage of rice and its processing byproducts;
(5) to develop better husbandry practices in production and conservation of rice;
(6) to develop more efficient rice storage practices;
(7) to improve domestic and international marketing of rice; and
(8) to benefit the general welfare.
(b) Utilization of services of Federal, State, local governmental and private agencies; priority consideration
The Secretary shall, in implementing the program authorized in subsection (a), utilize the technical and related services of appropriate Federal, State, local governmental, and private agencies, with priority consideration for land grant universities, State experiment stations, and other agricultural institutions of higher learning.
(c) Authorization of appropriations; use restriction
There is authorized to be appropriated not more than $1,000,000 for the period ending September 30, 1976, to carry out the provisions of this section. No funds authorized by this section shall be used for advertising or promotional activities.
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Editorial Notes
Codification
Section was formerly classified to
Section was enacted as part of the Rice Production Act of 1975, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter.